HomeMy Public PortalAbout03/12/2004a
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March 5, 2004
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, MARCH 12, 2004 AT 9:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of February 13, 2004.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. Regular Meeting & Public Hearing 4 -8 -04 @ 9 A.M.
2. Regular Meeting & Public Hearing 5 -14 -04 @ 9 A.M.
3. Regular Meeting & Public Hearing 6 -11 -04 @ 9 A.M.
4. Regular Meeting & Public Hearing 7 -9 -04 @ 9 A.M.
5. Regular Meeting & Public Hearing 8 -13 -04 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Manuel Farach, as Agent for
Donald Hedberg, the owner of property located at 700
Wrightway, Gulf Stream, Florida, which is legally
described as Lot 1, H. V. Pope Subdivision. (Postponed
from 2- 13 -04)
a. VARIANCE to allow a boatlift to remain that is attached
to a dock rather than the seawall which is in violation
of Section 66- 369(6)f, and which was installed without
a permit being applied for.
b. VARIANCE to allow a dock that was installed without
obtaining a building permit, a 12' long portion of
which exceeds the maximum permitted width of 5' as
provided in Section 66- 369(6)b., by 212 ". THIS
VARIANCE REQUEST WAS WITHDRAWN BY AGENT AT ARPB
HEARING.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to allow to
remain, a nonconforming boat lift which was installed
without a permit being issued.
2. An application submitted by Everett Jenner, as Agent for
E. Hewlett Kent and Sheree L. Kent, the owners of
property located at 520 Middle Road, Gulf Stream,
Florida, which is legally described as Lot 19 and Part of
Lot 20, Gulf Stream Cove Subdivision, Gulf Stream, FL
33483.
a. SPECIAL EXCEPTION to permit construction of unenclosed
covered porches that exceed the maximum FAR by 248
square feet.
b. SPECIAL EXCEPTION to permit an addition to a structure
with existing nonconforming setbacks that encroaches
11.5 feet into the total of the side setbacks.
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AGENDA CONTINUED
Page 2
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
minimal demolition and the construction of a single
story 2,399 sq. ft. addition to an existing one story
Bermuda style dwelling at 520 Middle Road in Gulf
Stream.
3. An application submitted by Roy Simon as Agent for Philip
O'Donnell Lee, owner of the property located at 4227
County Road, Gulf Stream, Florida, which is legally
described in metes and bounds in Government Lot 2, Sec.
34, Twnshp. 45 S., Range 43 E. in Gulf Stream.
a. SPECIAL EXCEPTION to permit additions, consisting of a
total of 675.8 square feet, that encroach 5' into the
north side setback and a maximum of 3.25' into the
front setback, to an existing single family dwelling
with nonconforming setbacks.
b. SPECIAL EXCEPTION to permit installation of air
conditioning equipment for a structure on property
that is less than 13,000 square feet in size, that
would encroach 3' into the rear setback.
c. LAND CLEARING PERMIT to clear area of construction.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a single story addition on the rear
and a small extension on the front, a total of 675.8
square feet, and a new roof on an existing
nonconforming single story dwelling.
VIII. Reports.
A. Town Manager
B. Architectural Review & Planning Board
1. Meeting Dates
a. Regular Meeting & Public Hearing 3 -25 -04 @ 8:30 A.M.
b. Regular Meeting & Public Hearing 4 -22 -04 @ 8:30 A.M.
c. Regular Meeting & Public Hearing 5 -27 -04 @ 8:30 A.M.
d. Regular Meeting & Public Hearing 6 -24 -04 @ 8:30 A.M.
e. Regular Meeting & Public Hearing 7 -22 -04 @ 8:30 A.M.
f. Regular Meeting & Public Hearing 9 -23 -04 @ 8:30 A.M.
C. Finance Director
1. Financial Report for February 2004
D. Police Chief
1. Activity for February 2004
IX. Items for Commission Action.
A. Selection of Personnel Consulting Firm
B. Request to extend private sewer system
C. Items by Mayor and Commissioners
X. Public.
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105
A
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MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 12, 2004 AT 9:00
A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. Call to Order. Mayor Koch called the meeting to order at 9 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor
Koch.
III. Roll Call.
Present and
Participating
William F. Koch, Jr.
Joan K. Orthwein
Fred B. Devitt III
William A. Lynch
Robert W. Hopkins II
Also Present and William Thrasher
Participating: John Randolph
Garrett Ward
Rita Taylor
Manuel Farach
Dallas Durrance
Ron Inman
Hewlett Kent
Everett Jenner
Roy Simon
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Police Chief
Town Clerk
Attorney for Hedberg
Hedberg Engineer
Hedberg Caretaker
Applicant
Agent for Mr. Kent
Agent for Mr. Lee
IV. Minutes of the Regular Meeting of February 13, 2004.
Commissioner Lynch moved and Commissioner Hopkins seconded that
the minutes be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were none.
VI. Announcements.
A. Regular Meetings and Public
1. Regular Meeting & Public
2. Regular Meeting & Public
3. Regular Meeting & Public
4. Regular Meeting & Public
5. Regular Meeting & Public
Mayor Koch announced these dates.
Hearings
Hearing 4 -8 -04 @ 9 A.M.
Hearing 5 -14 -04 @ 9 A.M.
Hearing 6 -11 -04 @ 9 A.M.
Hearing 7 -9 -04 @ 9 A.M.
Hearing 8 -13 -04 @ 9 A.M.
Town Clerk Taylor asked that all persons who intended to speak please
stand to take the Oath. The Clerk administered the Oath to Mr. Jenner,
Mr. Kent, Mr. Simon, Mr. Inman, Mr. Farach and Mr. Durrance.
Commissioner Devitt declared a conflict with the Hedberg application in
that his mother has the property under contract for sale. He excused
himself from the proceedings.
Town Clerk Taylor asked if there were any exparte communications to
declare.
Regular Meeting & Public Hearing
Town Commissioner Page 2
March 12, 2004
Commissioner Lynch disclosed that he had dinner with Mr. Simon but there
were no discussions of the application.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Manuel Farach, as Agent for
C` Donald Hedberg, the owner of property located at 700
Wrightway, Gulf Stream, Florida, which is legally
described as Lot 1, H. V. Pope Subdivision. (Postponed
from 2- 13 -04)
Mr. Farach displayed a site plan rendering of the existing boatlift and
explained that the property has 250 feet of sea wall but due to the
large quantity of mangroves there is approximately 120 to 130 feet of
usable dock space. Mr. Farach stated that a portion of the dock
exceeds the maximum permitted width of 5 foot and explained that it was
installed as an added safety measure. He acknowledged that the code is
very clear that this is not allowed and stated that part of the dock
would be removed.
Attorney Farach added that the mangroves cannot be removed and given
that the property is on the open intraccastal waterway, a variance is
being requested to allow the existing boatlift, which is attached to the
dock to remain. Mr. Farach displayed photographs of existing boatlifts,
which are attached to docks in the Town and added that he does not know
if the boatlifts were installed before the current code. Attorney
Farach asked Mr. Durrance, an engineer and expert witness, to explain
the DEP regulations to the Commission.
Mr. Durrance explained that due to the large quantity of mangroves
adjacent to and on the property, there is a constant source of permanent
soil sedimentation that washes in the area by the passing currents. With
regard to permitting, the Corps of Engineers and the Department of
Environmental Protection would prefer to extend piers and not to dredge.
He added that it is more expensive to dredge and there is no assurance
that a permit would be issued. Mr. Durrance stated that the mooring
area that exists is preferred and there is more navigation area between
two docks and no and no dredging is needed.
Commissioner Hopkins asked why a permit was not applied. The
Commissioner added that the Architectural Review and Planning Board and
. ! the Town Commission spend a lot of time reviewing projects and they have
to maintain the integrity of the Town's Ordinances.
Town Manager Thrasher asked who installed the boatlift.
Mr. Inman stated it was Southeast Atlantic Boatlifts.
Mr. Farach called Mr. Inman to the stand and he testified that he is the
property manager and that this property is the only one that has
mangroves interfering with the seawall.
Regular Meeting & Public Hearing
Town Commissioner Page 3
March 12, 2004
In conclusion, Mr. Farach stated that Mr. Hedberg was not aware that a
permit was required. He presented applicants justification of the eight
conditions that are required for approval of a variance.
Mr. Inman stated that if the boatlift were 5 feet closer to the seawall,
O it would not allow the owner to use the boat during low tide, as it
would be too shallow. Further -more, they would need to dredge every six
months because of the heavy wake in the open intraccastal, which would
be very costly to the homeowner. Mr. Inman admitted that it was his
responsibility the boatlift was installed without a permit, as he was
not aware that one was required. He did not believe that the resident
should be blamed because of his mistake.
Attorney Randolph advised the Commission that the reason for the
boatlift being installed without a permit is not relevant. This
application is to determine whether all eight criteria for a variance
are met.
Town Manager Thrasher advised that the ARPB recommended denial of the
variance request, as they did not believe all eight criteria were met.
He added that the ARPB did not specify which criteria. With regard to
the existing boat docks, Mr. Thrasher said there is no way to know if
other lifts installed on docks were installed before the current Code
was adopted. However, no permits for this type of installation has been
issued since the present Code was adopted.
Attorney Randolph advised that if the Commission is confident that
competent, substantial evidence have been present to show that all eight
criteria are met, they could make a motion to approve the variance. Mr.
Randolph stated that the Commission is not required to go through the
eight criteria.
Mr. Kent, a member of the ARPB, speaking from the audience, said the
ARPB believed that 130 feet of seawall is more than enough space to
install a boatlift.
a. VARIANCE to allow a boatlift to remain that is attached
to a dock rather than the seawall which is in violation
of Section 66- 369(6)f, and which was installed without
a permit being applied for.
Commissioner Orthwein moved and Commissioner Hopkins seconded to deny
the variance based upon the information that there is not competent,
substantial evidence that all eight criteria of a variance have been met
and that this is the minimum variance that would make reasonable use of
the property. Roll Call: Comm. Lynch; NAY, Comm. Hopkins; AYE, Comm.
Orthwein; AYE, and Mayor Koch; NAY.
Mayor Koch commented that he believes that there may be a hardship in
that there is not enough depth in the water and perhaps the applicant
could provide engineering proof of the for Commission consideration at a
future meeting.
Regular Meeting & Public Hearing
Town Commissioner Page 4
March 12, 2004
Town Clerk Taylor informed the Commission that the presentation to the
ARPB did not include the presence of an engineer or his opinion.
Commissioner Lynch moved and Commissioner Orthwein seconded to defer the
application to the April 8th meeting in order to give the applicant an
opportunity to gather proof to support the statements that were offered
Cj to prove a hardship. Roll Call: Comm. Lynch; AYE, Comm. Hopkins; NAY,
Comm. Orthwein; AYE, and Mayor Koch; AYE.
b. VARIANCE to allow a dock that was installed without
obtaining a building permit, a 12' long portion of
which exceeds the maximum permitted width of 5' as
provided in Section 66- 369(6)b., by 212 ". THIS
VARIANCE REQUEST WAS WITHDRAWN BY AGENT AT ARPB
HEARING.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to allow
remaining, a nonconforming boatlift, which was
installed without a permit being issued.
Action will be taken on this item when the variance request is
considered at the April 8th meeting.
2. An application submitted by Everett Jenner, as Agent for
E. Hewlett Kent and Sheree L. Kent, the owners of
property located at 520 Middle Road, Gulf Stream,
Florida, which is legally described as Lot 19 and Part of
Lot 20, Gulf Stream Cove Subdivision, Gulf Stream, FL
33483.
Mr. Jenner displayed a site plan and explained that the proposed
improvement includes minimal demolition and an addition to the existing
single family house consisting of 2,246 square feet. The improvements
include a new garage, master bedroom, covered loggia and pool house and
the extension of an existing enclosed loggia. A new driveway will be
added to the front with extensive hedging to screen the house and the
new garage from the street. Mr. Jenner pointed out the eave height in
the center of the rear elevation is 12 feet which is a discouraged
element, he confirmed that the number of eave lines has been revised to
less than five.
Mayor Koch asked if the garage facing the street is allowed.
Mr. Kent stated that the garage would be screened from the street with
landscaping.
a. SPECIAL EXCEPTION to permit construction of unenclosed
covered porches that exceed the maximum FAR by 248
square feet.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
the Land Clearing Permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch;
AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
the Special Exception to exceed Floor Area Ratio by 248 square feet with
the condition that prior to the issuance of a Certificate of Completion
Regular Meeting & Public Hearing
Town Commissioner Page 5
March 12, 2004
the owner shall record a deed restriction requiring that 744 square feet
of covered unenclosed lanai and porch shall forever remain unenclosed as
long as the structure exists. Roll Call: Comm. Devitt; AYE, Comm. Lynch;
AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
b. SPECIAL EXCEPTION to permit an addition to a structure
with existing nonconforming setbacks that encroaches
11.5 feet into the total of the side setbacks.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
the Special Exception to allow the addition to a dwelling with a non-
conforming combined side setbacks to encroach 11.5 feet into the total of
the side setbacks. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
minimal demolition and the construction of a single
story 2,399 sq. ft. addition to an existing one story
Bermuda style dwelling at 520 Middle Road in Gulf
Stream.
Commissioner Devitt moved and Commissioner Lynch seconded to approve the
Level 3 Architectural /Site Plan based on a finding that the proposed
minimal demolition and construction of a single story 2,399 square feet
addition to an existing one story Bermuda style dwelling meets the
minimum intent of the Design Manual and applicable review standards with
the following conditions: 1) The chain link fence shall be screened on
the outside. 2) Gulf Stream Removal Agreement and Driveway Permit shall
be executed prior to issuance of permit. 3) PBC Health Department
approval of the septic system shall be submitted prior to issuance of a
building permit. 4) Hedge material shall be removed from the right -of-
way within the visibility triangle that is 10 feet. 5) All outstanding
permits shall be closed prior to the issuance of the building permit.
Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
Comm. Orthwein; AYE, and Mayor Koch; AYE.
Commissioner Orthwein commented that there are a lot of Special
Exceptions being applied for and she is concerned that it will be
difficult for Staff to maintain and enforce them in the future.
3. An application submitted by Roy Simon as Agent for Philip
O'Donnell Lee, owner of the property located at 4227
County Road, Gulf Stream, Florida, which is legally
described in metes and bounds in Government Lot 2, Sec.
34, Twnshp. 45 S., Range 43 E. in Gulf Stream.
Mr. Simon displayed color renderings of the proposed improvements and
explained that this is a nonconforming structure and the improvements
include an addition consisting of 676 square feet that would encroach in
the north side setback and the front setback. He explained that the air
conditioning ducts are on the roof and he proposes to bring them inside.
The roof structure is 4 X 6 timbers with cypress ceiling; the roof would
be replaced with asphalt shingles. He is proposing to raise the pitch
of the roof to meet the minimum requirements and the color scheme
complies with the Town's approved color chart.
Regular Meeting & Public Hearing
Town Commissioner Page 6
March 12, 2004
Mayor Koch asked if there were any comments. There were none.
a. SPECIAL EXCEPTION to permit additions, consisting of a
total of 675.8 square feet, that encroach 5' into the
north side setback and a maximum of 3.25' into the
front setback, to an existing single family dwelling
with nonconforming setbacks.
Commissioner Lynch moved and Commissioner Devitt seconded to approve the
Special Exception to permit construction of additions to an existing
single family dwelling that encroach 5 feet into the north side setback
and 3.25 feet into the front setback. Roll Call: Comm. Devitt; AYE,
Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor
Koch; AYE.
b. SPECIAL EXCEPTION to permit installation of air
conditioning equipment for a structure on property
that is less than 13,000 square feet in size, that
would encroach 3' into the rear setback.
Commissioner Lynch moved and Commissioner Devitt seconded to approve the
Special Exception to permit the installation of air conditioning
equipment that encroaches 3 feet into the rear setback. Roll Call: Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE,
and Mayor Koch; AYE.
c. LAND CLEARING PERMIT to clear area of construction.
Commissioner Lynch moved and Commissioner Devitt seconded to approve the
Land Clearing Permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a single story addition on the rear
and a small extension on the front, a total of 675.8
square feet, and a new roof on an existing
nonconforming single story dwelling.
Commissioner Lynch moved and Commissioner Devitt seconded to approve the
Level 3 Architectural /Site Plan based on a finding that the proposed 676
square feet addition to an existing one story contemporary style
dwelling meets the minimum intent of the Design Manual and applicable
review standards. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
VIII. Reports.
A. Town Manager
Town Manager Thrasher reported that he is in the process of obtaining
preliminary drawings for the maintenance building for review.
B. Architectural Review & Planning Board
1. Meeting Dates
a. Regular Meeting & Public Hearing 3 -25 -04 @ 8:30 A.M.
b. Regular Meeting & Public Hearing 4 -22 -04 @ 8:30 A.M.
c. Regular Meeting & Public Hearing 5 -27 -04 @ 8:30 A.M.
d. Regular Meeting & Public Hearing 6 -24 -04 @ 8:30 A.M.
e. Regular Meeting & Public Hearing 7 -22 -04 @ 8:30 A.M.
a. Regular Meeting & Public Hearing 9 -23 -04 @ 8:30 A.M.
Town Clerk Taylor announced these dates.
Regular Meeting & Public Hearing
Town Commissioner Page 7
March 12, 2004
C. Finance Director
1. Financial Report for February 2004
Mr. Thrasher asked that the report be accepted as submitted, if there
were no questions.
O Commissioner Devitt asked if there were any matters that the Commission
needs to be aware of.
Town Manager Thrasher stated that there were none at this time.
Commissioner Orthwein moved and Commissioner Lynch seconded to approve
the financial report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
D. Police Chief
1. Activity for February 2004
Chief Ward asked that the report be accepted as submitted, if there were
no questions, and added that the Police Department and the Town Manager
received recertification training for the defibrillator and CPR. The
Chief stated that a couple of the officers had the opportunity to
utilize their training recently on a medical call and thus saving a
resident's life. Two new police cars have been delivered and Lieutenant
Allen has been detailing the new police cars, saving the Town $1500.
IX. Items for Commission Action.
A. Selection of Personnel Consulting Firm
Town Manager Thrasher reminded that the Town's 2004 budget includes
$7500 for professional consulting services to review and update the
Town's personnel policy. Mr. Thrasher explained that the employee
manual and application forms are over a decade old and he was advised by
the Town's labor attorney to revise the entire personnel policy
including revising the job descriptions. The Town published a public
request for quotes and received eight qualified submittal packets. The
Town Manager advised that he reviewed the responses and recommended
Human Resource Performance Consultant (HRPC) from Brandon Florida.
Chief Ward stated that he is working with the Florida Department of Law
Enforcement to define the Police Department policy and job descriptions.
Commissioner Orthwein moved and Commissioner Lynch seconded to approve
HRPC services not to exceed $5140. Roll Call: Comm. Devitt; AYE, Comm.
Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch;
AYE.
B. Request to extend private sewer system
Town Manager Thrasher explained that the Gulf Stream Home Owners
Association is requesting to extend the sewer line east from Polo Drive
on the north side of Golfview Road in order to provide sewer service to
the resident at 2900 Gulf Stream Road.
Commissioner Orthwein moved and Commissioner Hopkins seconded to approve
the extension of private sewer system with the following conditions: 1)
All required permits and approvals from other agencies, especially Palm
Regular Meeting & Public Hearing
Town Commissioner Page 8
March 12, 2004
Beach County Heath Department and the City of Boynton Beach, be obtained
prior to commencing. 2) Record drawings of the installation shall be
submitted to the Town. 3) Location of the line shall be approved by Town
Manager. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins;
AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
C. Items by Mayor and Commissioners
CMayor Koch advised that CPR lessons would be made available to the town
residents at the Town Hall. The first of next year was suggested since
most residents are in Town at that time.
X. Public. There were no comments from the public.
XI. Adjournment. Commissioner Lynch moved and Commissioner Orthwein
seconded to adjourn the meeting at 10:35 A.M. with all voting in the
affirmative.
Z. �Fc"
Y onne E. Eckert, CMC
Deputy Town Clerk
N
FORM 80 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
CI T)
NAML— MIDOLI: NAME
ADDRESS
100 Sea Road
Gulf Stream palm Beach
UAI I: ON N'HIC11 volt OCCUR
3 -12 -04
t
t
.ME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTI
Town Cauntission, Gulf Stream, Florida
THE BOARD. COUNCIL. COMMISSION, AUTHORITY, OR
WHICH I SERVE IS A UNIT OF:
Xf= COUNTY 'OTHER LOCAt AGENCY
LNAML OF POLITICAL SUBUI VISION:
Town of Gulf Stream
MY
WHO MUST FILE FORM 88
EL6105YE .; APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you arc encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
kPPO1NTED OFFICERS:
k person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his special private gain. Each local officer also is prohibited froth knowingly voting on a measure which inures to the
^ial gain of a principal (other than a government agency) by whom he is retained.
t person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
inclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
Lade by the officer or at his direction.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
HE VOTE WILL BE TAKEN:
You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
A copy of the form should be provided immediately to the other members of the agency.
The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
10\1 .Il to,,
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
Fred B. Devitt III
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on Mach 12, 2004
(a) A measure came or will come before my agency which (check one)
inured to my special private gain: or
, 19
x inured to the special gain of Betty Devitt (my mother) by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
My mother has the real estate listing for a property owned by Donald Hedberg in
the Town of Gulf Stream. The Town Comnission, of which I am a member, was
considering an application for a variance submitted by Mr. Hedberg that
applied to the same property.
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),'A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY'ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
.E FORM 1a. I0.96 PAGE
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board
of the Town of Gulf Stream will hold a Public Hearing on April 22, 2004
at 8:30 A.M., and the Town Commission will hold a Public Hearing on May 14,
2004 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea
Road, Gulf Stream, Florida, at which the following will be considered:
An application submitted by Shane Ames of Ames Design International, as
agent for Emerald Row, LLC, the owner of the property located at 955
Emerald Row, Gulf Stream, Florida, which is legally described as
Lot 60 and a portion of Lot 61, Place Au Soleil subdivision, for the
following:
1. SPECIAL EXCEPTION to permit construction of unenclosed covered
Porches that exceed the maximum FAR by 211 square feet.
2. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a
two story Bermuda style single family dwelling consisting of 7,155
square feet.
The Architectural Review and Planning Board shall make a recommendation to
the Town Commission, and the Town Commission shall make a final decision
regarding the subject application at the meetings noticed above. These
meetings may be adjourned from time to time and place to place as may be
necessary to hear all parties and evidence.
The complete application materials are on file in the Office of the Town
Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be
reviewed during regular business hours, which generally include non - holiday
weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of the Town
of Gulf Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A
RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105,
F.S.S.
TOWN OF GULF STREAM, FLORIDA
Dated: April 1, Eik VIf Tcqy,—
Rita L. Taylor, own Clerk